Atheist group sues to block Perry from prayer rally

MIKE TOLSON, HOUSTON CHRONICLE

Published 5:30 am, Wednesday, July 13, 2011

A group that has already criticized Texas Gov. Rick Perry for his involvement with a Christian prayer rally scheduled for Reliant Stadium next month went a step further Wednesday and filed a federal lawsuit in Houston to stop him from promoting it.

The Freedom From Religion Foundation claims Perry's association with the "The Response: A Call to Prayer for a National in Crisis" breaches the separation of church and state.

The complaint, filed in the Southern District on behalf of five named individuals who live in Houston, notes the plaintiffs are "nonbelievers who support the free exercise of religion, but strongly oppose the governmental establishment and endorsement of religion ...."

The lawsuit seeks an injunction barring Perry's official involvement. A Perry spokesman said he won't back away from the event.

"Gov. Perry believes the prayer event will serve as an opportunity for Americans to pray together for our nation," said spokesman Mark Miner. "This lawsuit does not affect plans for the event, and it will proceed as scheduled."

Last month, Perry proclaimed Aug. 6 as a day of prayer and fasting and invited fellow governors and citizens to join him for "The Response," which his office called "a nondenominational, apolitical Christian prayer meeting."

The suit said that Perry's promotion of the rally violates "the Establishment Clause by giving the appearance that the government prefers evangelical Christian religious beliefs over other religious beliefs and non-beliefs ..."

The suit also seeks to halt further publication of the proclamation, to declare the use of the official state seal of Texas unconstitutional, to order the governor to withdraw permission for the AFA to use his written and videotaped promotions and radio recordings, to remove links from the governor's web site, as well as enjoining Perry from issuing and disseminating additional Day of Prayer proclamations or designations.